Divorce

Georgia is a no-fault divorce state. This means that neither spouse must prove “fault” on the part of the other spouse before the court grants a divorce. This also means that neither spouse can prevent the other from pursuing and obtaining a divorce decree.

However, the courts still require that a divorce be based on legal grounds, such as “irreconcilable differences”, “adultery”, “cruel treatment”, “desertion”. There is no statutory “grace period” in Georgia before a divorce is finalized although there may be specific service and notice requirements that must be met before the court will grant a divorce. As a practical matter, most uncomplicated and uncontested divorces can be processed and finalized in 45-60 days.

Clients often classify their divorce problem as either “contested” or “uncontested”. However, a divorce is usually a combination of both contested and uncontested matters. For example, parties may agree on custody, but disagree on the issue of child or spousal support. Thus, our law firm will work with clients to identify areas of agreement and narrow issues of conflict to prevent the incursion of unnecessary attorneys’ fees. Our traditional fee and retainer structure can be modified depending on the agreements independently reached by the parties and the complexity of the underlying issues.Aside from issues involving child custody and child support, the most commonly disputed aspects in any divorce is alimony and the division of marital property.